A Philadelphia man who allegedly shot a fleeing burglar is now charged with murder, police said.

Roberto Martinez, 29, allegedly saw Darryl Gordon, 28, and another man in the back of his Ditman Street home in Wissinoming, according to a 6ABC news report. The other burglar reportedly got away.

Detectives also reportedly said they found bags of marijuana and a large amount of cash in Martinez’s home.

Martinez previously pleaded guilty in October 2005 to manufacturing, delivery or possession of drugs and conspiracy, and was sentenced to three months probation, according to Philly.com.

Martinez is back in court on June 8 for a preliminary hearing.